JCT Minor Works Building Contracts 2016

About the Author David Chappell BA (Hons Arch) MA(Arch) MA(Law) PhD RIBA is an architect who has worked in both the public and private sectors, as well as in contract administration and as a lecturer in construction law and contracts procedure. He was Professor of Architectural Practice and Management Research at The Queens University of Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. Since 1989, he has practiced as a contracts consultant and adjudicator, both for a large consultancy and for the last twenty-three years as director of his own consultancy. He is an experienced adjudicator and the author of many books for the construction industry.

• Preface to the fifth edition xAbbreviations xii1 Introduction 11.1 Some general things about contracts 11.2 Some background to MW and MWD 41.3 When to use MW and MWD 51.4 How to use 71.5 What is the contract? 91.6 How to complete the contract form 101.7 Priority of documents 161.8 Inconsistencies and divergences 161.9 Custody and copies 191.10 Limits to use 201.11 Notices, time and the law 201.12 Common problems 212 Some basics 242.1 Works 242.2 Drawings 242.3 Copyright 252.4 Specification 252.5 Schedules 252.6 Privity of contract and third party rights 262.7 Base date 262.8 Common problems 263 Things you must know 293.1 The Housing Grants, Construction and Regeneration Act 1996 (as amended) 293.2 Express and implied terms 313.3 Limitation periods 323.4 Letters of intent 343.5 Quantum meruit 353.6 Common problems 364 Architect’s powers and duties 374.1 Authority and duties 374.2 Duty to act fairly 434.3 An architect in a local authority or similar 444.4 Express provisions of the contract 454.5 Common problems 505 Contractor’s powers and duties 515.1 Contractor’s obligations: express and implied 515.2 Basic principles 515.3 Carrying out the Works 595.4 Workmanship and materials 615.5 Statutory obligations 635.6 Contractor’s representative 635.7 Compliance with architect’s instructions 645.8 Suspension of obligations 645.9 Common problems 656 Employer’s powers and duties 676.1 Powers and duties: in the contract and elsewhere 676.2 Rights under MW and MWD 726.3 Other rights 736.4 Duties under MW and MWD 736.5 Retention 766.6 Other duties 766.7 Common problems 777 Quantity surveyor 787.1 Appointment 787.2 Duties 797.3 Responsibilities 817.4 Common problems 828 Clerk of works 858.1 Appointment 858.2 Duties 878.3 Responsibilities 908.4 Common problems 909 Sub‐contractors and suppliers 929.1 General 929.2 Differences between assignment and sub‐contracting 929.3 Assignment 929.4 Sub‐contracting 939.5 Nominated sub-contractors 949.6 Common problems 9610 Statutory matters and work outside the contract 9810.1 Statutory authorities 9810.2 Works not forming part of the contract 10010.3 Common problems 10111 Insurance 10311.1 Important 10311.2 Injury to or death of persons 10411.3 Damage to property 10511.4 Insurance of the Works 10611.5 Evidence of insurance 10811.6 Loss or damage 10911.7 Common problems 11012 Possession of the site 11112.1 Important points 11112.2 Date for possession 11212.3 Failure to give possession 11212.4 Common problems 11413 Extension of time 11613.1 Why necessary? 11613.2 Extension of time 11713.3 Reasons 11913.4 Failure to notify delay 12013.5 Does an extension of time entitle the contractor to any money? 12113.6 Common problems 12114 Liquidated damages 12314.1 What are liquidated damages? 12314.2 Liquidated damages or penalty? 12414.3 Procedure 12514.4 Common problems 12615 Financial claims 12715.1 General 12715.2 Dealing with loss and/or expense 12815.3 Types of claims 13015.4 Common problems 13216 Architect’s instructions 13416.1 Architect’s instructions 13416.2 Contractor’s objection 13816.3 Specific instructions 13916.4 Other instructions which will be empowered 14016.5 Common problems 14117 Variations 14317.1 Variations 14317.2 Valuation 14517.3 Provisional sums 14617.4 Common problems 14718 Payment 14918.1 Important to read this first 14918.2 Contract Sum 15018.3 Interim certificates 15318.4 Final certificate 15718.5 Effect of certificate 16118.6 Failure to pay 16118.7 Retention 16118.8 Common problems 16219 Practical completion 16419.1 Practical completion 16419.2 The contract says 16419.3 Consequences of practical completion 16719.4 Common problems 16720 Defects liability 16920.1 During construction 16920.2 During the rectification period 16920.3 Defects, shrinkages and other faults 17020.4 Frost 17220.5 Procedure 17220.6 Making Good 17420.7 Certificate of making good 17620.8 Common problems 17721 Termination 17821.1 Preliminary thoughts 17821.2 If no termination in the contract 17921.3 Termination by the employer 18021.4 Consequences of employer termination 18621.5 Termination by the contractor 18721.6 Consequences of contractor termination 19421.7 Termination by either employer or contractor 19421.8 Termination after loss or damage to existing structures 19521.9 Reinstatement 19521.10 Common problems 19522 Contractor’s designed portion (CDP) 19822.1 Principles 19822.2 Contractor’s obligations 19822.3 Inconsistences and divergences 20022.4 Variations 20122.5 Other matters 20122.6 Common problems 20223 Dispute resolution procedures 20323.1 General 20323.2 Choice 20323.3 The Construction Act 1996 20523.4 Adjudication in general 20523.5 Pros and cons 20623.6 Adjudication in detail 20823.7 Arbitration 21723.8 Legal proceedings (litigation) 22223.9 Mediation 22323.10 Common problems 223Notes and references 224Table of cases 234Clause number index to text 241Subject index 244